US Airways 2004 Annual Report Download - page 170

ARTICLE VII
LIMITATIONS OF OWNERSHIP BY NON-CITIZENS
SECTION 7.01 DEFINITIONS. (a) "Act" shall mean Subtitle VII of Title
49 of the United States Code, as amended, or as the same may be from time to
time amended.
(b) "Beneficial Ownership," "Beneficially Owned" or "Owned
Beneficially" refers to beneficial membership as defined in Rule 13d-3 (without
regard to the 60-day provision in paragraph (d)(1)(i) thereof) under the
Securities Exchange Act of 1934, as amended.
(c) "Foreign Stock Record"shall have the meaning set forth Section
7.03.
(d) "Non-Citizen" shall mean any person or entity who is not a
"citizen of the United States" (as defined in Section 40102 of the Act),
including any agent, trustee or representative of a Non-Citizen.
(e) "Own or Control" or "Owned or Controlled" shall mean (i)
ownership of record, (ii) beneficial ownership or (iii) the power to direct, by
agreement, agency or in any other manner, the voting of Stock. Any determination
by the Board of Directors as to whether Stock is Owned or Controlled by a
Non-Citizen shall be final.
(f) "Permitted Percentage" shall mean 25% of the voting power of
the Stock.
(g) "Stock" shall mean the outstanding capital stock of the
Corporation entitled to vote; provided, however, that for the purpose of
determining the voting power of Stock that shall at any time constitute the
Permitted Percentage, the voting power of Stock outstanding shall not be
adjusted downward solely because shares of Stock may not be entitled to vote by
reason of any provision of this Article VII.
SECTION 7.02 POLICY. It is the policy of the Corporation that,
consistent with the requirements of the Act, Non-Citizens shall not Own or
Control more than the Permitted Percentage and, if Non-Citizens nonetheless at
any time Own or Control more than the Permitted Percentage, the voting rights of
the Stock in excess of the Permitted Percentage shall be automatically suspended
in accordance with Sections 7.03 and 7.04 below.
SECTION 7.03 FOREIGN STOCK RECORD. The Corporation or any transfer
agent designated by it shall maintain a separate stock record (the "Foreign
Stock Record") in which shall be registered Stock known to the corporation to be
Owned or Controlled by Non-Citizens. The Foreign Stock Record shall include (i)
the name and nationality of
15.